Ordinance No. 82-42 CITY OF TIGARD, OREGON
ORDINANCE No. 82- 4.2,
AN ORDINANCE REPEALING TMC SECTION 13.04.070, AMENDING TMC SECTIONS
13.?.4.120 AND 13.04.150; CREATING NEW PROVISIONS; AND DECLARING AN
EMERGENCY.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1. TMC §§ 13.04.070 and 13.04.120 have conflicting
provisions relating to bidding for public improvements. TMC
§ 13.04 .070 appears to have been superseded by § 13.04.120 and the
Council has determined it necessary to repeal TMC § 13.04.070 and
to amend TMC 9§13.04.120 and 13.04.150. In §§ 3 and 4, new material
is underlined and material deleted is [bracketed] .
Section 2. TMC § 13.04 .070 is hereby repealed.
Section 3. TMC § 13.04.120 is amended to read:
13.04.120 Bids--Notice. Upon approval by the
Council of the preliminary plans and specifications,
either as submitted or as amended, the City Recorder
[or City Clerk] shall give notice of intention to
receive written sealed bids at a time and place in
the notice to be set forth. The notice shall fully
describe the purpose for which the bids are being
solicited and the time and place of opening of the
bids, and shall further state that plans_ or specifi-
cations, or both, may be obtained from the City
Recorder's office, unless the specifications are
included in the notice. Such notice shall not be
publicized until completion of plans or specifica-
tions as may be necessary.
Except as stated in § 13.04 .130, the notice shall
be publishedinone issue of a newspaper of general
circulation and published in the City, not less than
one week prior to the date of opening of the bids.
Section 4. TMC § 13.04.150 is amended to read:
13.04.150 Bids—Opening. The city official or
authorized representative concerned with the public
improvement shall be present at the time and place
specified in the notice and shall publicly open all
bids filed.
{p# ORDINANCE NO. 82- .gl
r
t
tP}t}
Y-.
All bids shall then be promptly evaluated by the
public officer and a memorandum recommending acceptance '
or rejection thereof prepared for consideration by the
` city council. The public officer shall not consider ''
any bid which does not comply with the terms or
conditions fixed by the notice or invitation to bids.
The contract shall be awarded to the lowest
responsible bidder; provided, however, that the council ''
may waive any informality in the bidding process. The
council may reject all bids received. �.
Section 5. Sections 6 and 7 are hereby added to and made a part
of TMC Chapter 13.04.
Section 6. If all proposals be rejected, the city council shall
have power, by resolution duly adopted, to order that the improve- `
ment, or any portion thereof, be made under the direction of the
city council by purchasing materials and hiring the labor.
Section 7. he city council may determine that an improvement
with an estimated cost of less than $50,000 shall be done at the
direction of the council by purchasing the materials and hiring
the labor.
The city council shall have the power to provide for the
proper inspection and supervision of all work done and to do any
other act to secure the faithful carrying out and the completion
of all contracts, and the making of all improvements in strict
compliance with the ordinances and specifications therefor,
and shall have power to direct that the cost of the improvement,
or any portion thereof, shall be paid for by the city generally.
The requirements of ORS Chapter 279, insofar as applicable to
such work proposed to be done by or for the city, shall govern the
bidding, contracting and performance of the work, including pre-
qualification of bidders, payment and performance bonds and en-
forcement of the provisions thereof.
Section 8. Inasmuch as it is necessary to provide for street
and sewer r mprovements with the least possible delay and to finance
the same responsibly and to protect the health, safety and welfare
of the people of Tigard, an emergency is hereby declared to exist
and this ordinance shall become effective upon its passage by the
council and signature by the Mayor.
PASSED by the council, by unanimous vote of all council members
present, after being read two times by number and title only, this
`$ ORDINANCE NO. 82-
k
day of August, 1982.
Recorder - City of Tig
APPROVED: By the Mayor, this , day of August, 1982.
IL
Mayor
s
�x
nr ORDINANCE NO. 82-_4A